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2008 Supreme(Raj) 759

2009(1) CCR 372 (Raj.)
(Rajasthan High Court)
Jaipur Bench
LRs. of Rajamma Naya Vs. R.S.R.T.C. & Anr. (Singh, J.)
HON'BLE DALIP SINGH, J.
LRs. of deceased Rajamma Naya
Versus
R.S.R.T.C. & Anr.
S.B. Civil Writ Petition No. 5091 of 2008, decided on 01.07.2008

Advocates Appeared
Ram Singh Rathore, for Petitioners

Headnote:Motor Vehicles Act, 1988, Sec. 166 — Premature release and disbursal of the amount under the F.D.R. — The F.D.R. was ordered to be kept under the award passed by MACT — Four FDRs each of Rs. 25,000/- were ordered — Out of them amount under three FDRs has been released to claimant, who died — F.D.R. is due to mature in the year 2009 — The petitioners, who are L.Rs. of deceased seek premature release — Held — No specific and compelling circumstances have been pointed for premature release of the amount — Cannot be interfered with. (Paras 2)

       Writ petition dismissed.

        eksVj;ku vf/kfu;e] 1988] /kkjk 166 & ,Q-Mh-vkj- ds rgr tek jkfk dk ifjiDork vof/k iwoZ vkgj.k ,oa forj.k djuk & ,e-,-lh-Vh- }kjk ikfjr ,okMZ ds rgr ,Q-Mh-vkj- j[ks tkus dk vknsk fn;k x;k Fkk & pkj ,Q-Mh-vkj- izR;sd 25000@& :- ds vknsk fn;s & muesa ls rhu ,Q-Mh-vkj- ds rgr jkfk nkosnkj dks fueqZDr dh xbZ ftldh e`R;q gks pqdh gS & ,Q-Mh-vkj- o"kZ 2009 esa ifjiDo gksus okyh gS & izkFkhZx.k] tks e`rd ds fof/kd izfrfuf/k gS] os ifjiDork vof/k iwoZ fueqZfDr pkgrs gS & vfHkfu/kkZfjr & ifjiDork vof/k iwoZ jkfk fueqZDr djus gsrq dksbZ fofufnZ"V vkSj ck/;dkjh ifjfLFkfr;ka ugha & gLr{ksi ugha fd;k tk ldrkA ¼in la[;k 2½

       ;kfpdk [kkfjt dhA

Judgment

Hon'ble SINGH, J.—Heard learned counsel for the petitioners. The petitioners in this writ petition have challenged the order Annexure-5 passed by the learned Motor Accident Claims Tribunal by which the application filed by the petitioners for a direction for premature release and disbursal of the amount under the FDR, ordered to be kept under the award passed by the M.A.C.T. has been dismissed.

2. Admittedly, four FDRs of Rs.25,000/- each were ordered. Out of the four FDRs, admittedly, the amount under three FDRs has been released to the claimant. The claimant has since died. The petitioners are the legal representatives of the deceased claimant and they want the premature release of the fourth FDR. The said FDR is due to mature on in the year 2009 and no specific and compelling circumstances have been pointed out apart from the fact that the claimant's LRs are the residents of Kerala as such the amount of the FDR may be released prematurely.

In the facts and circumstances, I am not inclined to interfere with the impugned order as no specific reason for premature release of the amount is made out.

The writ petition is accordingly dismissed. However, it is open for the LRs of the deceased claimant to approach the learned M.A.C.T. for the release of the amount to the LRs of the deceased claimant on the maturity of the FDR under question.

The writ petition accordingly stands disposed of.





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